Case Number: NC059431??? Hearing Date: May 31, 2016??? Dept: S27
Defendant John Contos’ deposition was properly noticed for January 15, 2016. He did not appear on that date. Exhibit 3 is the CSR’s Certificate of Non-Appearance.
Plaintiff served a second notice of deposition to be held on February 18, 2016 for a deposition to be held on March 4, 2016. On February 29, 2016 Mr. Contos served an objection to the notice asserting that the discovery cut-off was past.
It does not appear to the Court that the objection is well taken. Trial is set for July 14, 2016, and the discovery cut-off is June 14, 2016. Plaintiff is entitled to an order based on the original notice to which no objection was interposed. His failure to appear was without valid excuse.
Mr. Contos is ordered to sit for deposition at the offices of Plaintiff’s counsel no later than June 13, 2016. The date and time shall be at Plaintiff’s election. Sanctions of $1,446.05 are ordered against Mr. Contos payable within 30 days.